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Mills & Reeve

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MHA or MCA — a more flexible approach?

19 September 2013

Following the judgment in Re A v SLAM, readers should consider the process they follow for deciding whether to admit or discharge patients who lack capacity.

Mr Justice Charles handed down this judgment as president of the Upper Tribunal Administrative Appeals Chamber on 6 August 2013. We have saved our briefing note on this for your return from summer holidays — hopefully refreshed. It is of significance to any ‘decision maker’ considering whether or not to admit or discharge a patient under the Mental Health Act who may lack capacity.

It also fundamentally changes the previous position (set out by the same judge in GJ v A Foundation Trust) that, where there was a choice between the Mental Capacity Act and the Mental Health Act, the Mental Health Act had primacy…

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